TERMS AND CONDITIONS OF SALE
PAYMENT
(a)
Invoices are due and payable in accordance with the items listed on the
front of this invoice, which if not listed default to COD payment.
An interest charge of 1.5% per month will be added to past due accounts.
All legal, court costs, and service charges incurred in collecting
payment will be an expense of and charged to the Buyer.
(b)
All
checks are accepted Subject to collection, and Buyer agrees to pay all
collection costs, including reasonable attorney fees.
Any checks received from Buyer may be applied by The Elegant Kids 2000,
Inc. against any obligation of Buyer to The Elegant Kids 2000, Inc. under this
or any other agreement, notwithstanding any statement appearing on or referring
to such chock.
UNCOLLECTIBLE
CHECK
In the event a check is returned by the customer's bank as
uncollectible, there shall be a charge of $15.00 per check returned in
addition to any other charges that may be incurred.
All legal, court costs, and service charges incurred in collecting
payment will be an expense of and charged to the purchaser.
Deliver
Unless
otherwise noted, delivery will be made F.O.B. The Elegant Kids 2000 Inc.'s
Warehouse at 667 S Santa Fe Ave, Los Angeles,
California, USA, with shipping charges paid by Buyer.
Buyer bears all costs (including but not limited to insurance, freight,
custom, duty, & other expenses) and risks of loss of or damage to the goods
from that point.
Risk of loss passes to Buyer upon delivery by The Elegant Kids 2000,
Inc. to common carrier. Buyer
is responsible to inspect conditions and contents of merchandise prior to
delivery. No
claim for shortages or irregularities will be allowed under any circumstances.
Shipment is considered delivered when it is signed for by anyone at the
address Buyer specifies.
It is Buyer’s responsibility to acquire the item from the signer.
The Elegant Kids 2000, Inc. reserves the right to abandon any delivered
package(s) and WILL NOT BE RESPONSIBLE for any refund.
RETURNED
MERCHANDISE
In
no case are goods to be returned without first obtaining written permission from
The Elegant Kids 2000, Inc.
An R.M.A. (Returned Merchandise Authorization) number issued by The
Elegant Kids 2000, Inc. must accompany all returned goods.
Goods accepted for credit upon return will be Subject to a 15% restocking
charge. Shipping
charges are not refundable.
Goods will only be accepted provided all original packaging are still
present. Custom-made,
repacked and special ordered goods are not subject to return/refund under any
circumstances.
Goods Must be securely packed and delivered to The Elegant Kids 2000,
Inc. in an undamaged condition, with Buyer being solely responsible for paying
all return freight expenses.
All returned goods are subject to exchange only – no refunds or
chargebacks are allowed.
RESTOCKING
FEE
A 15% restocking fee will be charged for all merchandise returned.
Merchandise will only be accepted, provided all original packaging and
materials are still present.
TITLE
Unless
otherwise agreed to in writing, title to the goods shall remain with The Elegant
Kids 2000, Inc. until all payments hereunder have been made.
LIMITED
LIABILITY
The
liability of The Elegant Kids 2000, Inc., if any, for damages relating to any
allegedly defective product shall under any legal theory be limited to actual
price paid for such product and shall in no event include incidental or
consequential damages of any kind, even if The Elegant Kids 2000, Inc. is
notified of the possibility of such damages.
FORCE
MAJEURE
Seller
will make every effort to complete shipment but shall not be liable for any loss
or damage, for delay in delivery due to causes beyond its reasonable control,
including, but not limited to fire, acts of God, acts of public enemy, or acts
of governmental bodies.
INTERNATIONAL
SHIPMENTS
ALL
SHIPMENTS ARE FINAL
– no returns, no refunds, no exchanges, no chargebacks are allowed.
The Elegant Kids 2000, Inc. is not responsible for any loss or missing
products. Buyer
assumes all responsibilities and risks involved with International Shipments.
Any claims must be made by the Buyer to the shipping company.
The Elegant Kids 2000, Inc. is not able to provide destination country
tax and duty charge if occurred.
Buyer is responsible for any customs duties, taxes, and any other fees
that may be due upon delivery.
It is a federal crime to exclude or alter invoice amount on all
international shipments.
The
Elegant Kids 2000, Inc. strives to keep our information up to date and accurate
as possible. Products
sold by The Elegant Kids 2000, Inc. are designed to meet applicable US safety
standards and regulations.
The Elegant Kids 2000, Inc. cannot guarantee that all such products meet
applicable requirements in each locality outside the United States.
Buyer assumes responsibility for compliance with such safety standards
and regulations in those localities in which the products will be shipped, sold
and used.
BUYER'S
TERMS AND CONDITIONS
The
Elegant Kids 2000, Inc. desires to provide its Customers with prompt and
efficient service.
Accordingly, goods furnished by The Elegant Kids 2000, Inc. are sold only
on the terms or conditions stated herein.
Notwithstanding any terms or conditions on Buyer's order, The Elegant
Kids 2000, Inc. performance of any contract is expressly made conditional on
Buyers agreement to The Elegant Kids 2000, Inc.
Terms and Conditions of Sale, unless otherwise specifically agreed to in
writing by The Elegant Kids 2000, Inc.
In the absence of such agreement, commencement of performance and/or
delivery shall be for Buyers convenience only and shall not be deemed construed
to be acceptance of Buyer's Terms and Conditions, or any of them.
Also, signature acknowledging acceptance of Seller's terms is not
required. The
Elegant Kids 2000, Inc. has the right to refuse or cancel orders that were
incorrectly listed or priced.
By placing order Buyer is agreeing to The Elegant Kids 2000, Inc.’s
terms & conditions and waiving any right to future chargebacks by bank or
credit card provider as this agreement overrides any such chargebacks.
If
a contract is not earlier formed by mutual agreement in writing, acceptance of
any goods or services shall be deemed acceptance of the terms and conditions
stated herein.
GENERAL